o Interpretation of Article 9 of the OECD, UN and US Models: - Primary adjustment - Corresponding adjustments - Secondary adjustment

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1 Program content Draft program: Subject to changes B Basic level course / I Intermediate level course / A Advanced level course April st day of class with welcome and Graduation ceremony for the 2018 s batch Thursday 4 th Introduction to Transfer Pricing (TP) & BEPS Room: Geopolis :30 08:50 Welcome coffee 08:50 09:15 Opening of the program and welcome address Opening lectures 09:15 10:45 Prof. Dr. Robert Danon Dr. Richard Collier o Transfer pricing policy: past, present and future 11:15 12:15 Prof. Dr. Guglielmo Maisto o Interpretation of Article 9 of the OECD, UN and US Models: - Primary adjustment - Corresponding adjustments - Secondary adjustment Dr. Vikram Chand o Concluding remarks and overall policy assessment 12:45 14:00 Lunch all Geopolis 16:00 17:00 Dr. Vikram Chand (B) o Theoretical framework: Overview of the transfer pricing process - Accurate delineation of the transaction - Comparability search process 17:15 17:30 Opening of the Graduation of the 2018 s batch with sponsors 17:30 18:00 Distribution of the Certificate of Achievement for the 3 rd batch 18:00 19:30 Dinner Apéro All rights reserved.

2 April 2019 Friday 5 th Functional and value chain analysis for different business models Room: Geopolis :45 16:15 16:45 17:30 Dr. Vikram Chand (B) Mr. Joel Cooper and Mrs. Reka Orban Mr. Christoph Wissman & Mr. Vineet Racch o Theoretical framework : Chapter 1 of OECD TP guidelines o Different multinationals business models o Discussion of different kind of Functions, Assets and Risks in multinational setup o Characterization of manufacturing, distribution and services entities o Role of contracts and agreements o Allocations of Functions, Assets and Risks in a TP set up o Control over risk o Value chain analysis in a Multinational Enterprise: Selected case studies on online retail, fashion and apparel, industrial products and agriculture business o Value chain analysis: An FMCG industry perspective - Value generation in the industry - Functional analysis Saturday 6 th - Transfer Pricing methods with a focus on the profit split method Room: Geopolis 2227 Mr. Paolo Valerio Barbantini o Theoretical framework: Chapter 2 of the TP OECD Guidelines o TP methods: - Comparable uncontrolled price method (CUP) - Resale Price method (RPM) - Cost plus method (CPM) - Transactional net margin method (TNMM) - Profit split method (PSM) (including recent developments) - Other methods (sixth method for commodities) - Valuation techniques for intangibles o Applying the TP methods in practical cases Policy makers perspective o Practical case studies on application of TP methods with a focus on the PSM All rights reserved.

3 May 2019 Thursday 9 th - Comparability and economic analysis Room: Geopolis 2879 Mr. Gerhard Foth (B,I, A) Friday 10 th Financial accounting and valuation o Theoretical framework: Chapter 3 of the TP OECD Guidelines o List of databases for carrying out the search process o The comparable search process o Application of the results of the search process to the tested intercompany transactions o Comparability adjustments in practice o Case studies to demonstrate benchmarking of manufacturing and distribution models o Application of PSM to selected situations o Automation in the comparability search process Room: Geopolis :00 17h30 Mr. Koen De Grave (B, I) o Overview of IFRS/US GAAP o Profit and loss account, balance sheet and cash flow statement o Stand-alone vs consolidated financial statements of a MNE o Relationship between accounting and tax law o Principles of tax accounting o Accounting for uncertain tax and transfer pricing positions o Financial statements and TP o Valuation techniques and TP (with a emphasis for intangibles) Saturday 11 th - Intra group services transactions and cost contribution arrangements Room : Geopolis :00 16:45 16:45 17:45 Dr. Vikram Chand (B) TBD Mrs. Marta Pankiv o Theoretical framework on intragroup services transactions: Chapter 7 and Chapter 8 of the TP OECD Guidelines o Types of Intra group services: Shareholders services, high value added services, low value added services etc o Direct charging vs indirect charging and use of allocation keys o TP methods for services o Comparability issues and adjustments o Cost contribution agreement s (CCA) and the use of such agreements for intra group services o Case Studies on intragroup services with a focus on the PSM o Benchmarking intragroup services using selected databases o Industry perspective : Best practices for defending intra group services audits All rights reserved.

4 June 2019 Thursday 13 th - Intra group financing transactions 15:45 16:45 16:45 17:45 Dr. Vikram Chand (B) Mr. Emmanuel Llinares Dr. Lluis Fargas (I, A) o Theoretical framework and basic concepts on intragroup financing transactions o Overview of treasury functions o Credit ratings o Inter-company loans o Intercompany guarantees o Cash pooling o Derivatives and Factoring o Foreign exchange (FX) risk management o Captive insurance o BEPS and intra group finance issues o Recent work of OECD WP 6 on financial transactions o Benchmarking financial transactions using selected databases with a focus on the PSM o Industry perspective: Best practices for defending financing transactions before tax audits Friday 14 th - Intra group intangible transactions and cost contribution arrangements 09:00 9: :45 16:45 16:45 17:45 Dr. Vikram Chand (B) Mrs. Isabel Verlinden Mr. Giuseppe Abatista o Theoretical framework on intragroup intangibles transactions: Chapter 6 and Chapter 8 of the TP OECD Guidelines o Types of IP transactions within a MNE group: Licensing vs sales vs franchising o Definition of IP according to various accounting standards o Ownership and intangible related return issues o Valuation techniques of IP: income based approach, market based approach, game (bargaining) theory and others o TP methods for intangibles o Hard to value intangibles o Benchmarking IP transactions using selected databases with a focus on the PSM o Industry perspective: Best practices for defending intangible transactions before tax audits All rights reserved.

5 June 2019 Saturday 15 th - Business Restructuring Mr. Stephan Marx and Mr. Xavier Eggspuhler o Theoretical framework and types of business restructuring Chapter 9 of the TP OECD Guidelines o Applying the ALP for the restructuring and remuneration of postrestructuring transactions o Recognition of the actual transactions undertaken o Location savings and market premium o PE issues and business restructurings o Case studies on pre and post restructurings scenarios o Best practices for defending business restructuring audits All rights reserved.

6 July 2019 Thursday 4 th - Transfer Pricing and indirect Taxes 09:00 09:45 09:45 10:30 Mr. Stéphane Buydens (B) Mr. Massimo Fabio o Theoretical framework and basic concepts in transfer pricing and indirect taxes o World Trade Organization (WTO) Customs valuation and European Union (EU) Customs valuations rules and their interaction with TP rules o Valuation under EU Value Added Tax (VAT) rules and OECD VAT rules and TP rules o The coordinated / uncoordinated approach with OECD Transfer Pricing rules o Administrative issues o Case studies Friday 5 th - Attribution of profits to a Permanent Establishment (PE) Mr. Stefaan De Baets and Dr. Vikram Chand Mr. Xaver Ditz o Article 7 Of OECD MC and UN Model and commentaries o Authorized OECD Approach for profit attribution o The TP methods to attribute profits with a focus on the PSM o BEPS and PE s - Recent work of OECD WP 6 on Action 7 o Special considerations for purchasing operations o Special consideration for distribution models o Special consideration for digital businesses: online retailers, online advertisers, online intermediation companies, online gaming, cloud computing, app stores, online streaming, online payments o Application of the ALP to digitalized businesses o Attribution of profits to a PE German Perspectives All rights reserved.

7 July 2019 Saturday 6 th - TP in selected industries Mrs. Olivia Gedge o Commodity trading : Value creation and TP issues Mr. Andreas Risi o Banking industry: Value creation, TP Issues and experiences Mr. Massimo Di Cesare o Luxury goods industry: Value creation, TP issues and experiences Mr. Yvan Mollier o FMCG : Value creation, TP issues and experiences All rights reserved.

8 July 2019 Thursday 25 th - Transfer Pricing documentation and Designing a TP Policy Mr. Jonathan Bernsen o Automation o Best practices for documentation o Master file o Local file o Country by country reporting (Action 13 of the BEPS Plan) o Other supporting documentation o Global TP documentation o Setting up and implementing an intra group TP policy o Managing transfer pricing policy - Best practices o ERP Systems and operational transfer pricing o TP in the board room and media Thursday 25 th State Aid and APA s Mr. Mario Tenore o State Aid & APA s o The case law of the ECJ o Case studies Friday 26 th - Preventing and resolving TP disputes Dr. Jessica Salom Mr. Renato Salerno Mr. Aurelio Massimiano 17:30 Farewell Apero o Theoretical framework and definitions: - Advance Pricing Agreement (APA) - Safe Harbours - Domestic litigation - Mutual Agreement Procedures (MAP) - Arbitration (conventional or baseball arbitration) - Arbitration within the EU Case Studies from taxpayer perspective o Negotiations of APA s, MAP s o Issues and best practices in negotiations o Case Studies from tax authorities perspective All rights reserved.

9 July 2019 Saturday 27 th - TP in selected countries Emerging issues TBD o Germany: - Overview of TP Law - TP documentation - German concept of the hypothetical arm s length test - Trends in the disputes - Relocation of business functions (exit tax) Mr. Aurelio Massimiano o Italy: - The new Italian rules on TP - Unilateral corresponding adjustment - APA and TP Documentation Mr. Antoine Faure Mrs. Olivia Gedge o France: - Overview of TP Law - Key issues in tax audits o Switzerland: - Overview of TP Law - Key issues in tax audits All rights reserved.

10 Technical paper Thesis Total Points Points to pass Total of points Thesis deadlines Thesis topic selection July 01 Thesis Outline August 15 1st Draft September 30 Final Draft October 31 Please note that the final draft has to be sent by in a word format (Transferpricing@unil.ch) The print out of this has to be sent by post at the following address: Centre de droit public University of Lausanne Madame Natacha Fauconnier Extranef Building - Office 124 CH-1015 Lausanne All rights reserved.